Texas Federal District Court Enj...
On December 3, 2024, the United States District Court for the Eastern District of Texas issued a Memorandum Opinion and Order prohibiting th...
Read MorePhone 517.381.0100
High Contrast
We are involved in our communities, our profession, and our clients' associations and activities.
The answer depends on the farming operation and the structure proposed. Many townships or counties are involved in issuance of a building permit to ensure that new structures meet the State Construction Code Act. This ensures that the structure is properly built. The Act provides an exemption to a building erected solely for agricultural purposes. Under that exemption, agricultural buildings do not need to receive a permit. Many municipalities still require the farmer to complete an affidavit attesting that the building is solely used for agricultural purposes.
This exemption for building permits is often misapplied in the zoning context, leading individuals who are building agricultural buildings to believe they are also exempt from a zoning permit for the same reason. The township still may not be able to require a zoning compliance permit, but it is for a different reason. The Michigan Right to Farm Act protects commercial farms that are in compliance with the Act and the Generally Accepted Agricultural Management Principles (GAAMPs). If the farm or farming operation is commercial in nature and conforms to the GAAMPs and the building is to be used for such farming operations protected by the Right to Farm Act, the township is unable to enforce any zoning ordinance provisions that conflict with the Act. Therefore, depending on each case, in certain circumstances the farmer may also not need a zoning compliance permit.
On December 3, 2024, the United States District Court for the Eastern District of Texas issued a Memorandum Opinion and Order prohibiting th...
Read MoreA community may penalize ordinance violations through the municipal civil infraction process as provided under Michigan law. MCL 600.8701 et...
Read MoreMany local governments are missing key policies and ordinances that could dramatically improve the general welfare of the community. Far too...
Read MoreAt Fahey Schultz Burzych Rhodes PLC, we’ve been helping municipalities, franchised businesses, employers, and more with their legal needs since 2008. We’d love to learn how we can help you, too.